NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Kenneth Vassell v Boral Construction Materials Limited [2004] NSWIRComm 201 PROSECUTOR: Inspector Kenneth Vassell PARTIES : DEFENDANT: Boral Construction Materials Limited (ACN 000 614 826) FILE NUMBER: IRC 1748 of 2001 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under section 15(1) of the Occupational Health and Safety Act 1983 - first offence - unsafe loading operation - fatality - failure to wear seatbelt - general and specific deterrence - penalty imposed - costs ordered LEGISLATION CITED : Occupational Health and Safety Act 1983 Inspector Kenneth Vassel v Boral Construction Materials Limited [2004] NSWIRComm 29 CASES CITED : Inspector Mason v Country Energy [2003] NSWIRComm 206 Inspector Russell Webb v Nowra Truck & Farm Equipment (Holdings) Pty Limited and Ors [2004] NSWIRComm 78 Inspector Amanda Templeton v Pirelli Cables Australia Limited [2003] NSWIRComm 177 HEARING DATES: 07/09/2004 DATE OF JUDGMENT: 07/20/2004
PROSECUTOR: Ms PE McDonald of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr AL Hill of counsel SOLICITORS: Hunt & Hunt
JUDGMENT: - 13 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J
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